The revived Arbitrate.com website at https://www.arbitrate.com/index.cfm provides fresh content regarding arbitration with news items as well as original and curated articles from new and seasoned arbitration voices.  It also includes a web series called “The Arbitration Conversation.”  This is a periodic web series where Prof. Amy J. Schmitz interviews leading thinkers in arbitration from around the world. These can be used in arbitration classes to give students views “from the field.”  Also, the short webisodes simply provide thoughts, insights and analysis on key issues in arbitration for anyone interested in the field.  The episodes (with links) already “in the can,”…
ABA Publishing is hosting its first virtual annual meeting bookstore in conjunction with the ABA Virtual Annual Meeting, which opened today.  This sale is not limited to registered attendees.  Anyone with a computer, cell phone or tablet and an Internet connection can take advantage of these savings. Customers will receive a generous 25% off + free ground shipping on all books and e-books. The sale will last thru Friday, August 7.  The discount code is ANNUAL20. Here’s the link to the webpage for books of the Section of Dispute Resolution. Here’s the link to the general sale landing page
For many of us looking at inequality and how to promote pay equity, the news that certain structural changes in negotiation can make a difference is quite welcome.  One of the hypothesized reasons for women’s pay inequity is that women might not have negotiated great starting salaries and then were held back over the course of their careers by always having to reveal their previous salary.  In other words, if you (like me) did not negotiate your starting salary but then only got raises based off that lower salary or, even when you transferred jobs, were paid only sufficiently more…
We don’t normally think of elections as dispute resolution mechanisms, but that’s what they are. This year, the election campaigns reflect a deep conflict, with stark differences between Democrats and Republicans about perceptions of the past and present and visions for the future.  The election will provide some resolution of this conflict, possibly producing long-lasting consequences.  Of course, elections don’t produce complete or permanent resolutions, but sometimes they lead to significant changes. It’s common to say that the “next election” is the most important election in history (up til that point).  Sometimes, that has been true in the past.  It’s…
Washington Post columnist and honorary dispute resolution expert Alexandra Petri provided a highly nuanced analysis of non-apology apologies recently illustrated by the grand master, Rep. Ted Yoho, who called his colleague, Rep. Alexandria Ocasio-Cortez, a “fucking bitch” (pardon my French). (Careful readers will recall my thrilling two-part series on non-apology apologies beginning here as well as sundry other posts about apologies.) Professor Petri distilled the essence of great non-apology apologies.  She writes, “Every good apology contains five parts: 1) What sounds like the beginning of a normal apology. … 2) Denial that the event in question even happened. ……
Jim Coben’s wife, Barbara Freese, recently published a fascinating book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change. I haven’t read it, but I assume it’s a fascinating book based on a wonderful video interview of Barbara by Joe Rogan.  Here’s a description of the book: Corporations faced with proof that they are hurting people or the planet have a long history of denying evidence, blaming victims, complaining of witch hunts, attacking their critics’ motives, and otherwise rationalizing their harmful activities. This book shows how far from reality corporate denial…
Now as an annual tradition, here’s a reminder of some of my favorite things you might require or recommend that students read as you gear up for the new year. My short “Letter to Kelly” provides advice for new 1Ls.  If you teach a 1L course, you might assign it even though it doesn’t focus on any particular 1L subject. Along the same lines, but with more meat, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. The Definition of Negotiation: A Play in Three Acts by Andrea Kupfer Schneider, Noam Ebner, David Matz, and…
From FFOI F. Peter Philips: We are pleased to announce the second series of this popular event.  Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution.  All sessions are free and will be held via Zoom at 1:00 p.m. EDT. July 29, 2020 Michael McIlwrath, Associate General Counsel – Litigation for Baker Hughes General Electric, has devised arbitration and mediation procedures for disputes around the world. In our conversation he will reflect on some lessons he has learned over the years, and share some insights on how to…
This post collects several videos about the litigation interest and risk assessment (LIRA) techniques described in the book that Michaela Keet, Heather Heavin, and I wrote about the subject.  The videos may be of interest to academics, practitioners, and students.  The videos may be useful as resources used asynchronously in courses. Litigation Interest and Risk Assessment.   This is a brief background and summary of the book.  Michaela Keet, Heather Heavin, John Lande.  University of Saskatchewan College of Law.  September 2019.  4 minutes. How to Help Your Clients Make Good Decisions Using Litigation Interest and Assessment Techniques.  This…
Public revulsion at the killings of George Floyd and other Blacks has led many people to challenge accepted accounts of our history reflected in symbols such as Confederate flags, statues, and names of military bases, educational institutions, and sports teams. Many organizations, including universities, are taking a much more serious look at institutionalized racism in the US than in the past.  Some schools plan to address racial injustice in the coming academic year and the books described in this post are particularly relevant. If schools and faculty want to suggest helpful readings, these books would be particularly valuable.  Even if…
The AAA-ICDR Foundation has established a new grant opportunity that will award one or two grants, up to a total of $250,000 each, to support programs that will address either of the following: Racial Injustice Response: Create innovative and additional ways to engage citizens in meaningful dialogue with one another and/or with government authorities including the police to address long-standing racial discrimination in the U.S., such as differences in the use of force in interactions with people in communities on the basis of race. COVID-19 Response: Make ADR processes more accessible and generally available or utilize them to improve traditional…
From GFOI Debra Berman: As you begin to prepare your syllabus for next semester, please consider incorporating our Inter School Negotiation Practicum. Last year, I organized a nationwide “Inter-School Negotiation Practicum” that included 623 students from 23 law schools.  And we are gearing up to offer it again this fall. If you choose to involve your class, all you need to do is provide your students with the registration link which will be available on our website late August.  We then pair the students up between schools, select the actual court case along with the relevant pleadings, draft confidential settlement…
Over at the Constructive Conflict Initiative Blog, friend of Indisputably the incomparable Carrie Menkel-Meadow (UC-Irvine) has written an interesting post about the words that can we can all use moving forward to get past the difficulty of politicization of words. It’s long and completely worth your time to check out. In our complicated times of COVID-19 and increased activism around racial injustice, it might be important to step back and consider how slogans both help and hurt us and to think about how we, as conflict resolution professionals, might “reframe” and recraft some words for concepts that are more likely…